Page:Superior Courts Act 2013.pdf/8



(2) Whenever by reason of absence or incapacity any court manager, registrar or assistant registrar is unable to carry out the functions of his or her office, or if his or her office becomes vacant, the Minister may, after consultation with the head of court concerned, authorise any other competent officer in the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.

(3) Any person appointed under subsection (1) may hold more than one of the offices mentioned in that subsection simultaneously.

(4) The Minister may delegate any of the powers vested in him or her under this section to the Secretary-General.

Manner of arriving at decisions by Constitutional Court

12. (1) In accordance with section 167(2) of the Constitution, any matter before the Constitutional Court must be heard by at least eight judges.

(2) If, at any stage after a hearing has commenced, any judge of the Constitutional Court is absent or unable to perform his or her functions, or if a vacancy among the members of the court arises, and—

the remaining members of the court are not less than eight in number—

such hearing must continue before the remaining judges of the court; and

the decision of the majority of the remaining judges of the court shall, if that majority is also a majority of the judges of the court before whom the hearing commenced, be the decision of the court; or

the remaining members of the court are fewer than eight in number, the proceedings must be stopped and commenced de novo.

(3) No judge may sit at the hearing of an appeal against a judgment or order given in a case which was heard before him or her.

Manner of arriving at decisions by Supreme Court of Appeal

13. (1) Proceedings of the Supreme Court of Appeal must ordinarily be presided over by five judges, but the President of the Supreme Court of Appeal may—

direct that an appeal in a criminal or civil matter be heard before a court consisting of three judges; or

whenever it appears to him or her that any matter should in view of its importance be heard before a court consisting of a larger number of judges, direct that the matter be heard before a court consisting of so many judges as he or she may determine.

(2) (a) The judgment of the majority of the judges presiding at proceedings before the Supreme Court of Appeal shall be the judgment of the court.

(b) Where there is no judgment to which a majority of such judges agree, the hearing must be adjourned and commenced de novo before a new court constituted in such manner as the President of the Supreme Court of Appeal may determine.

(3) If, at any stage after the hearing of an appeal has commenced, a judge of the Supreme Court of Appeal is absent or unable to perform his or her functions, or if a vacancy among the members of the court arises—

the hearing must, where the remaining judges constitute a majority of the judges before whom the hearing was commenced, proceed before the remaining judges, and the decision of a majority of the remaining judges who are in agreement shall, if that majority is also a majority of the judges before whom the hearing was commenced, be the decision of the court; or

in any other case, the appeal must be heard de novo, unless all the parties to the proceedings agree unconditionally in writing to accept the decision of the majority of the remaining judges or, if only one judge remains, the decision of that judge as the decision of the court.